Agenda item

This report sets out the spend allocation for the CIL income received to date.

The Divisional Director for Development introduced this report to the Panel. She explained that the Community Infrastructure Levy (CIL) came into effect in B&NES on 6 April 2015 following adoption of the CIL Charging Schedule by Council on 17 February 2015. She said that CIL largely replaces Section 106 contributions as developer-provided funding for infrastructure projects. She informed them that only Affordable Housing and site-specific infrastructure is now covered by Section 106 obligations and that education, highways and other strategic infrastructure is funded by CIL.

She stated that CIL becomes payable when development commences on site and is calculated by multiplying the net internal area of development by the appropriate rate in the Charging Schedule. She said that developers could not be double charged via CIL and Section 106 contributions.

She explained that as there are no Parishes within Bath the Council established the Bath City Forum as an “advisory and consultative body” without delegated funding or decision-making powers. She added that it did however specifically included within its Terms of Reference “assisting and advising the Council on issues specific to the City, such as how best to spend that portion of CIL receipts which are used to address local priorities”.

She said that officers were about to commence work on reviewing the Infrastructure Delivery Plan.

Councillor Lisa O’Brien commented that the projection for CIL income for 2016/17 was around £1m and asked who decides how this will be allocated after the 15% is given to Town and Parish Councils where the income has arisen.

The Divisional Director for Development replied that the decision on how CIL is spent is made using the Council’s Infrastructure Delivery Plan. She added that the Plan identifies the essential infrastructure needed to support the Council’s growth proposals and relates to infrastructure proved both by B&NES and other providers. She said that it also enables a co-ordinated approach to be taken having regard to the Council’s Capital Programme and through the budget making process.

Councillor Lisa O’Brien asked if there was an assumed pot within CIL for education provision.

The Divisional Director for Development replied that she would expect provision relating to education to be within the proposed allocations each year.

Councillor Barry Macrae asked if the CIL from within B&NES could be expected to be used within Bristol.

The Divisional Director for Development replied that it would not.

Councillor Lisa O’Brien asked if Town and Parish Councils had sole authority on how to spend their allocation.

The Divisional Director for Development replied that they must assure themselves that they are spending within the prescribed regulations. She added that they are also eligible to pool it with the overall allocation.

Councillor Barry Macrae asked what effect devolution would have on CIL and would it lead to a metrocity being created.

The Chairman asked if Ward Councillors, and if appropriate adjoining Ward Councillors for development sites should also be consulted as to how the Bath CIL allocation should be spent as they would know where infrastructure improvements could be usefully made in their wards. He gave the examples of 43 Upper Oldfield Park and the Casino development where resident’s groups had either opposed or commented on the application and asked whether they should also be consulted on infrastructure proposals.

Councillor Fiona Darey commented that she felt that any problems should be addressed through the planning process.

Councillor Lisa O’Brien said that there was work to be done on issues within Bath and that the City Forum needs a proper protocol.

The Divisional Director for Development said that applications are agreed on their own merits and reiterated that CIL is calculated using the agreed Charging Schedule and becomes payable when development commences on site. She stated that this is the point where planning considerations end and the process moves to the agreed spend mechanism.

She explained that a process was agreed by the Bath City Forum at its meeting of 26 April 2016 and that one of its stages is as follows;

·  Bath City Forum CIL Standing Panel to be convened, comprising Forum members those local elected members appropriate to the neighbourhood portion of CIL under discussion

Councillor Fiona Darey said that she was a member of the Bath City Forum and that it was clear that this is a move away from Section 106 agreements. She added that community involvement is encouraged through the Forum.

The Panel RESOLVED to note the proposals for the allocations of Community Infrastructure Levy Funds for 2017/18 as set out in paragraph 5 of the report.